NUMINA GROUP, INCORPORATED
Effective as of January 8, 2018
FOR NEW JERSEY RESIDENTS, TO THE EXTENT ANY TERM HEREOF (OR OF ANY USER AGREEMENT (DEFINED BELOW)) IS GOVERNED BY THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”) AND SUCH TERM, IF ENFORCED AS PROVIDED HEREIN, IS CONTRARY TO OR VIOLATIVE OF ANY CLEARLY ESTABLISHED RIGHT YOU HAVE UNDER STATE OR FEDERAL LAW, SUCH OFFENDING TERM(S) SHALL BE DEEMED OMITTED FROM THESE TERMS (AND SUCH USER AGREEMENT), AND YOUR AGREEMENT TO THESE TERMS DOES NOT AND WILL NOT IN ANY WAY CONSTITUTE A WAIVER OF YOUR RIGHTS UNDER THE TCCWNA.
When we refer to “Numina,” “we,” “us” or “our,” we mean Numina Group, Incorporated or, as applicable, the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization, which is deemed bound hereby.
Numina values your interest in our Products and/or Services (defined below) and appreciates your visit to our Site. This Site provides general information about Numina and its Products and Services. Use of this Site is limited to legitimate purposes. Numina may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. Numina shall notify you of any of these changes to features to the extent Numina is required by law to do so. By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features.
You acknowledge and agree that any information, comments, documents, images or general content you may enter in or post on this Site may be viewed by any other users with access to this Site, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images or general content to Numina, you grant to Numina an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on this Site. You further agree that Numina is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Numina. You hereby agree that any comments, feedback or recommendations made by you for the improvement or modification of this Site or the Products or Services advertised herein shall be the sole property of Numina.
Any obligations and/or liabilities you incur prior to the termination of these Terms, including any restrictions on your use of the material on this Site, shall survive such termination. YOU ACKNOWLEDGE AND AGREE THAT NUMINA SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.
Access to this Site, and any of the products or services provided by Numina in connection with this Site (the “Products and Services”), are being provided to you expressly subject to these Terms, which govern your use of this Site. Numina makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority to and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof, to these Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of this Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use this Site.
Use of the Site
As a user of this Site, you have a non-exclusive, non-transferable, limited, revocable license to use this Site solely for your personal use. You may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of this Site without the prior written consent of Numina, which consent may be withheld, conditioned or delayed in its sole discretion, except as specifically provided herein. You are prohibited from including links from other websites to the Site without the prior written consent of Numina, which consent may be withheld, conditioned or delayed in its sole and absolute discretion.
Any access or attempted access of other areas of Numina’s computer systems, third-party systems, and Products and Services that Numina utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to this Site. Numina reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
Numina has the right to modify, suspend or discontinue, temporarily or permanently, this Site, or your right to access or use any portion of this Site, in Numina’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to this Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on this Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies.
You warrant to Numina that you will not attempt to gain unauthorized access to this Site or any computer systems or networks connected to any Numina server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Numina. When using this Site, you agree not to pretend to be someone else or to spoof their identity.
Copyrights/Trademarks/Restrictions on Use
NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.
Intellectual Property and Restrictions on Use of Information and Content
All information and content provided on this Site, whether explicitly marked or not, is the property of Numina, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site. All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by Numina, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Numina. You are not permitted to create a hyperlink to any page or portion of this Site or frame any page or portion of this Site without the prior written permission of Numina. You may, however, copy, print or otherwise use the information, content or Marks provided on this Site, provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any Services, Products, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Numina, is strictly prohibited. Nothing contained in this Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Numina or any third party. Any use of the information, content or Marks provided on this Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
Numina makes no representation that materials, Products or Services on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Links and Search Results
For the avoidance of doubt, this Sites may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Numina has no control over those sites or the content within them. Numina cannot guarantee, represent or warrant that the content contained in any of those sites is accurate, legal and/or inoffensive. Numina does not endorse the content of any third-party site, nor do we warrant that such sites will not contain viruses or otherwise impact your computer or other access device. By using this Sites to search for or link to another site, you agree and understand that you may not make any claim against Numina for any damages or losses whatsoever resulting from your use of this Site to obtain search results or to link to another site. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you have a problem with a link from this Site, please notify us at notice@NuminaGroup.com and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
For the avoidance of doubt, this Site may not be used by our visitors for any commercial purposes other than to inquire about the Products or Services of Numina. You must obtain our express prior written consent to make commercial offers of any kind on this Site, whether by advertising, solicitations, links or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Numina Products or Services of any kind without our express written permission. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from this Site and barring such violators from use of this Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
Violation of the Terms
You understand and agree that in Numina’s sole discretion, and without prior notice, we may terminate your access to this Site, cancel any transactions or exercise any other remedy available and remove any unauthorized Content if we believe that the Content has violated or is inconsistent with these Terms or has violated the rights of Numina, another user or the law, or constitutes a breach of the User Agreement. You agree that monetary damages may not provide a sufficient remedy to Numina for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Numina may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Numina is not required to provide any refund to you if you are terminated as a User because you have violated any of these Terms.
You agree to defend, indemnify, save and hold harmless Numina and Numina Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any Products or Services you may have obtained on any of our Sites.
YOU USE THIS SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES DESCRIBED ON THIS SITE, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.
IN NO EVENT WILL NUMINA GROUP, INCORPORATED OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES DESCRIBED ON THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE THIS SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE HEREOF, EVEN IF NUMINA GROUP INCORPORATED OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST NUMINA IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES DESCRIBED ON THIS SITE AND ANY HYPERLINKED SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Without limiting the above disclaimers, Numina and Numina Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet site, the information and Content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or Content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any Services or Products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such Products or Services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site.
This Site may use hyperlinks as a convenience to you so that certain reference material, Numina-related subjects and other pertinent material are easily accessible. Linked and referenced sites may not be operated, controlled or maintained by Numina. Hyperlinks and references to other sites, including any Numina-affiliated entity, do not constitute sponsorship, endorsement or approval by Numina of the information, content, policies or practices of such linked or referenced sites. Numina, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Numina, the Numina Affiliates and/or their respective suppliers. If, notwithstanding the limitations of liability above, Numina or any of the Numina Affiliates are found liable for any loss or damage which arises out of or is in any way connected with any Products or Services or operation of this Site, then the liability of Numina and the Numina Affiliates will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to Numina Group Incorporated in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) (or the equivalent in local currency). Numina has no obligation to update any information or content on this Site. Accordingly, Numina, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on this Site. Any use of the information or content provided on this Site is done at your own risk.
Copyright and Trademark Notices
All content of this Site is © 2018 Numina Group, Incorporated All rights reserved. All Numina names and logos, are either registered trademarks or trademarks of Numina Incorporated in the United States and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Numina is not responsible for content on websites operated by parties other than Numina. If you are aware of an infringement of our brand, please let us know by e-mailing us at notice@NuminaGroup.com.
Digital Millennium Copyright Act (“DMCA”)
Numina respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, Numina has adopted a policy of terminating the accounts of, in appropriate circumstances and at Numina’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Numina may also, at its sole discretion, limit access to this Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site’s designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Numina will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Numina will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Numina the following information in your Notice (to be effective, the notification must include all of the following):
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly being infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on this Site;
- your address, telephone number and e-mail address, and all other information reasonably sufficient to permit Numina to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Notices of claimed copyright infringement should be directed to Numina’s designated agent:
Numina Group, Incorporated
10331 Werch Drive
Woodridge, IL 60517
Attn: Dave Dambek, Chief Financial Officer
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING NUMINA THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
One or more patents owned by the Numina Companies may apply to this Site and to the features, Products and Services accessible via the Site. Portions of this Site may operate under license of one or more patents. Other patents are pending.
Numina controls this Sites (excluding linked sites) from its offices in Woodridge, Illinois, United States of America, and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site, you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site, and that if you use this Site from any other location you are responsible for compliance with all applicable local laws. Any claim relating to this Site shall be litigated in the state and federal courts having jurisdiction in the State of Illinois and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience of reference only and have no legal or contractual effect.
By using this Site, you further agree that you will not use this Site or any materials available hereon for any unlawful activity, or use it in any way that would violate any of these Terms. When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.
By using this Site, you agree that Numina, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
If you have a question or complaint regarding the Site, please contact us via email at notice@NuminaGroup.com or by mail at:
Numina Group, Incorporated
10331 Werch Drive
Woodridge, IL 60517
Telephone: (630) 343-2600
Attn: Jen Maloney, Privacy Officer